HomeMy WebLinkAboutClearbrook Estates PP 03-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/09/03
IN-THE MATTER OF THE
REQUEST FOR PRELIMINARY
.PLAT FOR CLEARBROOK
ESTATES SUBDIVISION FOR 36
SINGLE FAMILY LOTS WITH 11
OTHER LOTS ON 11.65 ACRES
LOCATED ON THE WEST SIDE OF
N. MERIDIAN ROAD, 1/3 MILE
SOUTH OF W. USTICK ROAD,
MERIDIAN, IDAHO
Case No. PP-03-007
FINDING$ OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: RK DEVELOPMENT, LLC,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on September 9, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, and Richard Cook, appeared and testified, and the City Council having received a
report from Steve Siddoway Planner II for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, and the City Council having received as part of the
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the "PRELIMINARY PLAT CLEARBROOK
ESTATES SUBDNISION, LOCATED IN THE N E Y OF SECTION Ol, T.3N., R.1 W, B.M.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT, DWG NO. 30101,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 1 OF 12
SHEET: 1 OF 1 PRE-1, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP,
07/01/03 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 31 2003, STAMPED:
RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK
DEVELOPMENT, LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER", RK
Development, LLC, Developer, submitted for preliminary plat approval and which preliminary
plat for approval application is herein received and adjudged by the City Council pursuant to
Meridian City Code § 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned R-4, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 C]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 2 OF 12
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT CLEARBROOK ESTATES
SUBDNISION, LOCATED IN THE N E '/ OF SECTION Ol, T.3N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT, DWG NO. 30101,
SHEET: 1 OF 1 PRE-1, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP,
07/01/03 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 31 2003, STAMPED:
RECENED NL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK
DEVELOPMENT, LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER".
8. The City Council recognizes the concerns of Christopher Broer, in a letter
received by the City on June 5, 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 3 OF 12
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION, LOCATED INTHE N E % OF SECTION Ol,
T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT,
DWG NO.30101, SHEET: 1 OF 1 PRE-1, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP,
06/10/03 BY: DLP, 07/01/03 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 31 2003,
STAMPED: RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK
DEVELOPMENT, LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER", RK
Development, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as modified by the Planning & Zoning Commission, as follows:
CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. The pathway is approved as a 10-foot wide asphalt pathway. Pathway shall be
constructed prior to any occupancy in the subdivision. Applicant should work
with the City Parks Dept. to acquire the necessary approvals through the City's
Master Pathway Agreement with the Nampa Meridian Irrigation District
(NMID). Applicant shall conform to the Park's Dept. standards for wnstruction
of the pathway. The Homeowner's Association is responsible for maintenance
of all landscaping adjacent to the pathway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 4 OF 12
2. Record an easement in favor of the City of Meridian on the lot that contains the
pathway prior to issuance of the building permits.. Said lot is numbered Lot 24
on the Preliminary Plat. (On the revised Plat dated DWG DATE: 03/13/03
SAT, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP, 07/01/03 BY: DLP,
07/31/03 BY: JSM, STAMPED DATE: JUL 312003, STAMPED: RECEIVED
JUL 312003 CITY OF MERIDIAN CITY CLERK OFFIC, said greenbelt lot is
noted as Lot 24 on the Plat.)
3. Revise the plat to correctly show the NMID easement along the South Slough.
Applicant shall verify the location of the easement in relation to the proposed
lots. Revise the lot lines if necessary or submit an encroachment agreement for
any area of encroachment. Back lot lines shall be at the easement or
encroachment line.
4. Ordinance 12-13-15-3 requires a landscape strip of at least five feet wide on
both sides of the proposed micropaths. Applicant shall modify the micropaths to
allow at least 5 feet between the path surface and any adjacent fence.
5. Ordinance 12-13-15-4 requires at least 1 tree per 35 lineal feet adjacent to all
micropaths. Revise the landscape plan to meet this requirement.
6. Four-foot solid wood fencing is approved as proposed adjacent to the South
Slough Pathway. Similar fencing is required adjacent to all micropaths in the
subdivision and is the responsibility of the developerper Ordinance 12-13-15-9.
Add a note to the plat detailing the fence height restrictions for all affected lots.
Submit a revised fencing plan with the final plat.
7. All areas being counted toward the 5% open space requirement shall be free of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14 and
shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plans.
8. Submit up-to-date groundwater monitoring report to the Public Works
Department for review. The report submitted with the application only
identifies the groundwater elevation on the day the test holes were dug. No
monitoring ports were installed for on going monitoring of the groundwater
elevation. The initial study indicates that shallow groundwater will be a factor.
All drainage areas (detention/retentionhasins) must be designed to ensure that
water is retained only during 100-year storm events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 5 OF 12
project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design
and construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation ofthe
crawl spaces of homes is at least 1-foot above groundwater.
9. Revise note #1 to name all common lots in the subdivision to be owned and
maintained by the homeowners association, including Lots 1, 6, 13, 21, and 22,
Block 1; Lot 1, Block 3; and Lot 1, Block 4.
10. Sanitary sewer service to this site shall be via main line extensions from mains
installed adjacent to the property.
11. Domestic water service to this site shall be via main line extensions from mains
installed adjacent to the property.
12. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Nampa & Meridian Irrigation
District. Underground year-round pressurized irrigation must be provided to all
lots within this development. The City of Meridian requires that pressurized
irrigation systems be supplied by ayear-round source of water. Applicant shall
be required to utilize any existing surface or well water for the primary source.
If a surface or well source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized,
the developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City Engineer.
13. All grading ofthe site shall be performed in conformance with MCC 11-12-3H
14. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
15. Submit with the final plat application a copy of the Ada County Street Name
Committee's approval letter for the subdivision name, and the lot and block
numbering. Make any corrections necessary to conform.
16. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 6 OF 12
17. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights
will be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations aze at
street intersections and/or fire hydrants. Final design locations and quantity
are determined after power designs aze completed by Idaho Power Company.
The street light contractor shall obtain design and permit from the Public
Works Department prior commencing installations.
18. Any tree over 4" in caliper that is removed from the property shall be replaced
by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
19. Remove any existing domestic wells and/or septic systems within this project
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
20. All stormwater retention ponds shall either drain to the South Slough or have
signage stating: Danger, play at your own risk--or words to that effect.
21. This development shall be subject to sanitary sewer latecomers fees to reimburse
those responsible for bringing sanitary sewer service to this area. The
latecomers fees shall be due and payable prior to City of Meridian endorsement
on the final plat map. The current fee is $283.15 per dwelling unit. This fee is
adjusted annually on October 1st, at a rate of 4.0% per annum.
22. Applicant shall submit 10 copies of an approved revised plat and
landscape/fencing plans on this application.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct Cleazbrook Court intersecting Meridian Road approximately
310-feet north of the intersection of West Claire Lane. This location meets
District policy to align or offset a minimum of 300-feet and shall be approved
with this application.
2. Construct Clearbrook Court as a 36-feet street section with curb, gutter
and 5-foot concrete sidewalk within 50-feet ofright-of--way as proposed. This
street section meets District policy and shall be approved with this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 7 OF 12
3. Construct an ACHD approved turnaround at the terminus of Clearbrook
Court and provide a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE".
Submit a design of the turnaround for review and approval by District staff.
4. Construct Northwest 3`~ Avenue as a 29-feet street section with curb,
gutter and 5-foot concrete sidewalk within 42-feet ofright-of--way. Policy
restricts parking on reduced street sections and shall be signed accordingly.
5. Replace unused curb cuts on Meridian Road with standazd curb, gutter
and concrete sidewalk to match existing improvements.
6. Any proposed landscape islands/medians within the publicright-of--way
dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
7. Other than the access point specifically approved with this application,
direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
8. Comply with all standazd Conditions of Approval.
Standard Conditions of Anoroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 8 OF 12
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operafions 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada County
Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 9 OF 12
1. That afire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix
III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance
of the water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. According to a report completed by Fire & Emergency Services Consulting Group
in February of 2000 our requests for service are projected to reach 2800 in the year 2005
and 3800 by the year 2010, this is up from 2069 responses in the year 2000.
6. Provide an approved tumaround for all streets greater than 150' in length that have
no outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application. All storm
drainage must be retained on site. All laterals and wasteways must be
protected. The developer must comply with Idaho Code 31-3805. The
District's Finch Lateral courses along the south boundary of the proposed
project, any encroachments on the easement of the Finch Lateral without
approved plans and a signed License Agreement is unacceptable. The
District also recommends that irrigation be provided.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environrnental Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 10 OF 12
3. Run-off is not to create a mosquito breeding problem
4. Stormwater shall be pretreated through a grassy Swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
F. Adopt the Recommendations of the Meridian Parks Department as follows:
1. The pathway is acceptable as proposed. The City agrees to maintain the
pathway at such time as the pathway connects from Meridian Road to Linder Road.
The pathway is to be constructed to the recommended pathway standards.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which maybe adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDNISION / (PP-03-007)
PAGE 11 OF 12
By action of the City Council at its regular meeting held on the Z.3 ~~
day of ~ep ~ n.-(zw , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
Attest:
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William G. Berg, Jr.,
Copy served upon Applicant, The Pl ~artment, Public Wgiii~ OF PvIERf~'%,,
Department and City Attorney. ~''~O,,rrrUNTYt' ` ~`~~~` ~~`\`G~~~~tPOI~TO ~Jr ~'%
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City Clerk G 90"
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CLEARBROOK ESTATES SUBDIVISION / (PP-03-007)
PAGE 12 OF 12